Toblerone owner Mondelēz has launched legal action against a small British vegan chocolate brand, Catherine’s Originals, accusing it of copying the famous chunky shape of the Swiss chocolate bar. The case, filed at the high court in London, alleges “passing off” and trademark infringement over Catherine’s O’bar, a chocolate bar divided into segments each with a rounded semi-oval hump.
The dispute highlights the high stakes of intellectual property in the food industry, where shape and packaging can be as valuable as the recipe itself. For a tiny vegan brand, the lawsuit represents a daunting challenge against a global snack giant.
What Is the Toblerone Shape Dispute About?
Mondelēz claims that the O’bar’s design is too similar to Toblerone’s iconic triangular peaks, which have been a registered trademark since 1909. The O’bar, however, features a series of rounded humps rather than sharp triangles, and its creator insists the shape represents an “O” for Originals.
The legal action centers on whether consumers might confuse the two products, given the O’bar’s segmented, chunky appearance. Mondelēz argues that the resemblance is close enough to dilute its brand and mislead shoppers.
Who Is Catherine’s Originals?
Catherine’s Originals was founded in 2021 by Catherine Dodd, then a teenager, and is based in Walberton, Sussex, England. The brand produces vegan chocolate bars in flavors ranging from milk and plain to more exotic options like pumpkin spice and cinnamon swirl.
Its 200g bars retail for £9.20 for classic varieties and up to £10.55 for specialty flavors, significantly higher than a standard milk chocolate Toblerone, which costs around £2.50. The company sells its products via markets, online, and through subscriptions, carving a niche in the premium vegan chocolate market.
Why This Case Matters for Small Businesses
For Catherine Dodd, the lawsuit is “fairly frightening” for a small business that has poured care and hard work into building its brand. She remains defiant, stating, “We stand firmly behind the product and identity we’ve created.”
The case underscores the David-and-Goliath dynamic often seen in trademark disputes, where large corporations aggressively protect their intellectual property. It also raises questions about the boundaries of trademark protection when it comes to shape and design, especially for products that serve different consumer segments (vegan vs. traditional).
Legal experts note that while shape trademarks are enforceable, they must be distinctive and non-functional. The outcome could set a precedent for how far companies can go to claim exclusivity over product shapes.
Key Takeaways from the Toblerone vs. O’bar Lawsuit
- Mondelēz alleges trademark infringement and passing off over the O’bar’s chunky shape, which it claims mimics Toblerone.
- Catherine’s Originals denies wrongdoing, arguing the O’bar’s design is distinctive and represents an “O” for Originals.
- The case is before the high court in London, with potential implications for shape trademarks in the food industry.
- Small brands face significant pressure when defending against legal action from global corporations.
- Consumer confusion is central to the dispute, as Mondelēz must prove a likelihood of confusion.
Comparing the Products: Toblerone vs. O’bar
| Feature | Toblerone | O’bar by Catherine’s Originals |
|---|---|---|
| Shape | Triangular peaks | Rounded semi-oval humps |
| Ingredients | Milk chocolate, honey, almonds | Vegan chocolate (dairy-free) |
| Price (200g) | ~£2.50 | £9.20–£10.55 |
| Target Market | Mass market | Premium vegan |
| Founded | 1908 | 2021 |
The table illustrates that while both products share a segmented, chunky format, they differ in shape details, ingredients, pricing, and target audience. These distinctions will be central to Catherine’s Originals’ defense. Context on how this played out before sits in Toblerone Owner Sues Vegan Chocolate Brand Over Shape.
What’s Next for the Legal Battle?
Catherine’s Originals is working with its legal team to defend its position. Stephen Lowry of Brandsmiths, the brand’s legal adviser, stated, “Our client disagrees with the claim and considers O’bar to have its own distinctive design and identity.” The background to this story is set out in Business: latest articles. A related thread runs through Upgrade Seasonal Treats: Chocolate Chilli Tortillas.
The case will likely hinge on evidence of consumer confusion and the distinctiveness of the Toblerone shape. Mondelēz has a history of protecting its trademarks vigorously, and this case may signal a broader crackdown on lookalike products. Earlier coverage in Turn Brown Bananas Into the Best Vegan Banana Bread Recipe shows how the argument developed. A closer look at the same subject appears in How Many Millionaires Live in Spain in 2026? New Data Reveals.
For now, Catherine’s Originals continues to sell its bars, and Dodd remains resolute: “Being a smaller business does not mean being afraid to stand up for what we’ve created.” The outcome will be watched closely by entrepreneurs and intellectual property lawyers alike. Anyone following the wider picture can start with Turkish Supermarket File Copies Mercadona and Now Faces EU Probe. The same theme surfaces in Garbanzos with Spinach and Tomato: Easy Spanish Stew (58), which takes a different angle.
FAQ
What is Mondelēz accusing Catherine’s Originals of?
Mondelēz alleges that Catherine’s Originals’ O’bar infringes its Toblerone trademark by copying the chunky, segmented shape, causing consumer confusion. The claim includes passing off and trademark infringement.
How does the O’bar shape differ from Toblerone?
The O’bar features rounded semi-oval humps, whereas Toblerone has sharp triangular peaks. Catherine’s Originals says the shape represents an “O” for Originals.
Why is this lawsuit significant for small businesses?
It highlights the challenges small brands face when defending against trademark claims from large corporations, and the potential costs and stress involved. It also tests the boundaries of shape trademark protection.
What are the price differences between the two products?
A 200g O’bar costs £9.20 to £10.55, while a standard milk chocolate Toblerone is around £2.50. The O’bar is positioned as a premium vegan product.